Harden v. State

GARY W. LYNCH, Judge.

Joseph Wayne Harden (“Movant”) appeals the denial of his Rule 29.151 post-conviction motion alleging ineffective assistance of counsel. Movant contends that counsel was ineffective, first, for failing to file a motion to dismiss the charges against him or to dismiss the State’s notice of death based on prosecutorial vindictiveness and, second, for failing to request that the trial court strike the testimony of Donald Booth. Finding no clear error in the motion court’s judgment as claimed, we affirm.

Factual and Procedural Background

On July 7, 2008, Al Harper (“Al”) paid…